Meaning and Concept of the Theory of Sovereignty
The Theory of Sovereignty explains the concept of supreme and absolute power within a State. Sovereignty refers to the ultimate authority that commands obedience and is not subject to any higher power. In jurisprudence, sovereignty is essential to the existence of law, because law derives its authority from the sovereign. The most influential explanation of sovereignty was given by John Austin, who described sovereignty as a person or body of persons whom the bulk of society habitually obeys, and who do not habitually obey anyone else. Thus, sovereignty implies supremacy, independence, and authority, forming the foundation of legal and political systems.
Juristic Views and Legal Basis
According to Austin’s Theory of Sovereignty, the sovereign issues commands backed by sanctions, and these commands constitute law. The sovereign may be a monarch, parliament, or any supreme authority. In modern democratic States like India, sovereignty resides in the people, exercised through constitutional institutions. The Constitution of India, particularly Article 245, empowers Parliament and State Legislatures to make laws, reflecting sovereign authority. Further, Article 13 ensures that sovereign law-making power is subject to constitutional limitations. Thus, while sovereignty is supreme, it is regulated by constitutional principles in modern legal systems.
Importance and Criticism
The theory of sovereignty is important because it explains the source of law and political authority. It ensures legal certainty, obedience, and order within the State. However, Austin’s theory has been criticized for being rigid and unrealistic in modern welfare States. Critics argue that sovereignty today is divided, limited, and controlled by constitutional supremacy, fundamental rights, and international obligations. In India, sovereignty is not absolute in the Austinian sense, as even Parliament is bound by the Constitution. Despite criticism, the theory remains foundational for understanding the authority behind law.
Real-Time Application
A real-time example of sovereignty can be seen in law-making by Parliament. When Parliament enacts a law like the Indian Penal Code or amends existing legislation, it exercises sovereign power. However, if such a law violates fundamental rights, courts can strike it down under Article 13, showing constitutional control over sovereignty. Another example is taxation laws, where the State compels payment, demonstrating supreme authority. These instances show how sovereignty operates practically within constitutional limits.
Mnemonic for Easy Understanding
A simple mnemonic to remember the theory of sovereignty is “SUPREME”. S stands for Supreme Authority. U stands for Unlimited Power (Traditionally). P stands for Political Obedience. R stands for Rule-Making Power. E stands for Enforced by Sanctions. M stands for Modern Constitutional Limits. E stands for Exists in the State. Remembering “SUPREME” helps students recall the key elements of sovereignty.
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